Elba Express Company, L.L.C.

Original Volume No. 1

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Effective Date: 03/01/2010, Docket: RP10-342-000, Status: Effective

Original Sheet No. 41 Original Sheet No. 41

 

(b) Definition: Force Majeure means acts of God, strikes,

lockouts or other industrial disturbances, sabotage, acts of

the public enemy, wars, blockades, insurrections, riots,

epidemics, landslides, lightning, earthquakes, fires,

storms, floods, washouts, arrests and restraints of

governments and people, civil disturbances, explosions,

breakage or accident to machinery or lines of pipe, freezing

of wells, or lines of pipe, the necessity for maintenance of

or repairs or alterations to machinery, equipment, or

facilities in order to remedy such causes as far as possible

with all reasonable dispatch, and any other causes, whether

of the kind herein enumerated or otherwise, not within the

control of the party claiming suspension and which by the

exercise of due diligence such party is unable to prevent or

overcome; such term shall likewise include the inability of

either party to acquire, or delays on the part of such party

in acquiring at reasonable cost and by the exercise of

reasonable diligence, servitudes, rights-of-way grants,

permits, permissions, licenses, materials or supplies which

are required to enable such party to fulfill its obligations

hereunder. The settlement of strikes or lockouts shall be

entirely within the discretion of the person affected, and

the above requirements that any Force Majeure shall be

remedied with all reasonable dispatch shall not require the

settlement of strikes or lockouts when such course is

inadvisable in the discretion of the person affected

thereby.

 

8.4 Odorization:

 

Except where otherwise required by law, gas delivered by COMPANY

will be delivered in its natural state without the addition of any

odorizing agent; however, COMPANY does not by such delivery

assume any obligation for damages, claims or liabilities by reason

of the fact that it has not odorized such gas prior to its

delivery.